Legal Dictionary of Pakistan

action in equity. An action that seeks equitable relief, such as an injunction or specific performance, as opposed to damages.

affirmative injunction

see mandatory injunction under injunction.

anti-injunction act

a federal statute providing that a federal court may not enjoin state-court proceedings unless an injunction is (1) expressly authorized by congress, (2) necessary for the federal court's in rem jurisdiction, or (3) necessary to prevent relitigation of a judgment rendered by the federal court. 28 usca § 2283.

ex parte injunction.

A preliminary injunction issued after the court has heard from only the moving party. final injunction. See permanent injunction.

final injunction

See permanent injunction un, der INJUNCTION.

head-start injunction

An injunction prohibiting the defendant from using a trade secret for a period equal to the time between the date of the secret's theft and the date when the secret became public, since that period equals the "head start" that the defendant unfairly obtained over the rest of the industry. headstream. The source of a river.

injunction

n. A court order commanding or preventing an action. 0 To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. See IRREPARABLE-INJURY RULE. - Also termed writ of injunction.

injunction bond

See BOND (2).

injunction bond.

A bond required of an injunction applicant to cover the costs incurred by a wrongfully enjoined party. Fed. R. Civ. P. 65(c).

interlocutory injunction

See preliminary injunction under INJUNCTION. interlocutory judgment See JUDGMENT.

mandatory injunction.

An injunction that orders an affirmative act or mandates a specified course of conduct. - Also termed affirmative injunction. Cf. prohibitory injunction.

permanent injunction

See INJUNCTION.

permanent injunction.

An injunction granted after a final hearing on the merits. ( Despite its name, a permanent injunction does not necessarily last forever. - Also termed perpetual injunction; final injunction.

perpetual injunction

See permanent mju1action under INJUNCTION.

preliminary injunction

A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. 0 A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. - Also termed interlocutory injunction; temporary injunction; provisional injunction. Cf TEMPORARY RESTRAINING ORDER.

preventive injunction

See INJUNCTION.

preventive injunction.

An injunction designed to prevent a loss or injury in the future. Cf. reparative injunction.

prohibitory injunction

See INJUNCTION

prohibitory injunction.

An injunction that forbids or restrains an act. ( This is the most common type of injunction. Cf. mandatory injunction.

provisional injunction

See preliminary injunction under INJUNCTION.

provisional injunction.

See preliminary injunction.

quia-timet injunction

[Latin "because he fears"] An injunction granted to prevent an action that has been threatened but has not yet violated the plaintiff's rights. See QUIA TIMET.

reparative injunction

An injunction requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed the wrong. Cf preventive injunction.

special injunction

See INJUNCTION.

tax injunction act

A federal law prohibiting a federal court from interfering with the assessment or collection of any state tax where the state affords a plain, speedy, and efficient remedy in its own courts. 28 USCA § 1341.

temporary injunction

See preliminary injunction.

writ of injunction

See INJUNCTION.